Employment Law
Project Summary
The employment relationship is a contractual one between an employer and a worker. The worker may be either an employee or an independent contractor. Distinguishing between the two is very important. It has an effect on compensation, benefits, harassment, family leave, workers’ compensation, unemployment insurance, and discrimination, (Moran, 2008, p. 3).
In an employment relationship, authority is conveyed by an employer to an employee. Deciding what kinds of authority and how much authority to grant are important issues for employers to resolve, (Moran, 2008, p. 3). Inherent in every employment relationship is the employee’s duties of loyalty and good faith and the employer’s duties …show more content…
67). They must carefully choose questions based on job qualifications. They risk litigation if they ask inappropriate questions that can be inferred as being discriminatory. Employers must recruit from a diverse pool of candidates. Employers must keep accurate records of these candidates, such as who applied and who was hired. Employers must establish job-related criteria necessary for promotions. “Employers must perform background checks on employees to guard themselves against negligent hiring, but these checks are limited to activities or criminal convictions that are job related,” (Moran, 2008, p. 67). Policies with regard to nepotism and promoting from within should also be drafted by the employer. The selection process is a daunting but necessary undertaking for the employer. As most of us know, it is an equally stressful experience for …show more content…
408). Public access and specific job accommodations have gone a long way to aid the gainful employment of many of the disabled. Encouraging a change in the mind-set of employers remains a formidable task. Many employers view disabled applicants as inferior to others. They represent an additional worry employers do not need. However, with reasonable accommodation, many disabled employees have proven to work as effectively as other workers because their disability has been alleviated, (Moran, 2008, p. 408). They are operating on a level playing surface with the rest of the work population.
“Collective bargaining is the negotiation process undertaken by a union on behalf of its members with the management of an organization with the intent of entering into a contract after the resolution of labor issues,” (Moran, 2008, p. 420). The contract, known as the collective bargaining agreement, is binding on all union members. The advantage of collective bargaining is that the union has greater bargaining strength than an individual employee would have in attempting to negotiate the best possible deal, (Moran, 2008, p.